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Swami Sadashiva Brahmendra Sar (Nil)     07 January 2011

Legislation by incorporation and reference

When a statute "A" is made on the line of another statute "B" and provisions of "B"  are incorporated in "A", any change in the "B" statute will not affect "A" - it is called legislation by incorporation . But when provisions of  statue "B" are not incorporated but only referred in statute "A", any change in "B" shall automatically apply to "A" - it is called legislation by reference.
 The question is when a State is reorganized and a new State is carved out, whether any change by the original legislature in statute "B" will be applicable to  statute "A" in the new State ?

 



 1 Replies

RaviPrakash B   20 July 2021

Sir, Please tell me how to decide any state enactment as legislation by incorporation or reference, in Karnataka State, there is a KIAD Act 1966, under section 30 of its section it mutatis mutandis applies certain section of land acquisition act 1894 for the determination of compensation and referring to the court like section 9 to 31 of the LA Act. How to find out whether this act has incorporated or referred the L A Act 1894. Please Guide me 


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